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allowance from the date of departure from the old station, in accordance with his relief orders, to the date on which he reports in person at the new station.-A. R., 1324, 1908. When orders direct an officer to report at a station for duty on a particular date and he arrives prior to such date, he can not be regarded as in a duty status at such station, and entitled to commutation of quarters therefor, until the specified date.

When an order is silent as to the date an officer is to be relieved from duty at a station, the date of receipt of the order or the arrival of his successor is to be viewed as the date his relief becomes effective; but this is not to be so strictly construed as to preclude payment of commutation of quarters for such time as is absolutely necessary to prepare for his departure after the date of his relief or after assumption of duty by his successor.

NOTE. Retired officers detailed to educational institutions are exceptions to this rule. (See par. 919.) 129. "An officer ordered to report by letter to a superior does not become entitled to commutation of quarters until he receives a specific order of assignment and reports in person at the station to which assigned.”—A. R., 1325, 1908.

130. Officers detailed to obtain military information from abroad shall be entitled to commutation of quarters while on duty.-Act Feb. 27, 1893, 27 Stat., 480; G. O., 20, 1893.

Detailed with a foreign army in the field, entitled from the date of reporting in person for duty at the headquarters of the army to which assigned.-P. M. G., Mar. 28, 1905, 49725.

NOTE.-Detailed to embassies or legations, entitled from and including date of reporting in person at the embassy or legation to which assigned.

131. An officer relieved from duty at a station in the Philippine Islands, where he was in receipt of commutation of quarters, and unable, on account of transportation facilities, to immediately depart, is entitled to commutation to include the date of actual departure from the old station, upon filing with the account a statement that the delay was unavoidable.—Auditor, Oct. 21, 1903.

NOTE.-An officer traveling on duty without troops, whose journey is continuous and begins at a point other than the port of departure of a transport on which he is to sail, and who, without fault on his part, is detained more than 24 hours at the port of embarkation, or at the port of debarkation at the end of the sea journey, if the order contemplates that the journey continue beyond that port, is entitled to commutation of quarters for the period of detention. The account should be accompanied by a copy of the travel order and by the officer's signed statement in explanation of the delay.

ABSENT FROM STATION.

132. "An officer on duty at a station where he is properly in receipt of commutation of quarters is entitled to the allowance during ordinary leave on full pay, but not during sick leave. If he is relieved from duty at the station and then avails himself of a leave, his commutation ceases."-A. R., 1321, 1908.

NOTE. Should a new leave year intervene while the officer is on half-pay status, full pay with commutation is restored for one month, after which the status is half pay without commutation during the remainder of the leave. Half-pay status can not exist between July 1 and 31 of any year, as a leave credit of thirty days accrues from the commencement of each leave year and becomes immediately available in full.

133. An officer while on leave of absence from his station in Manila, where he was in receipt of commutation of quarters, is entitled to the regular allowance of quarters during such leave, including the time en route to and from the United States on government transport.-8 Comp., 746, Apr. 23, 1902. (Case Capt. Lawton.)

134. An officer in receipt of commutation of quarters who goes on leave after receiving an order for change of station to take effect at a future date, or receives such an order while on leave, is entitled to commutation as for the old station up to the time of reporting at new station, provided he reports previous to date ordered for the change.— P. M. G., concurred in by Auditor, May 7, 1907.

135. Officers temporarily absent on duty in the field shall not lose their right to commutation at permanent station.—Act Feb. 27, 1893, 27 Stat., 480; G. O., 20, 1893. "Under provisions in act of February 27, 1893, an officer who receives quarters or commutation thereof while at permanent station is entitled to commutation while temporarily absent on duty in the field, whether with or without troops."-10 Comp., 43, July 13, 1903 (case Capt. Lemly, Marine Corps); also Comp., Aug. 13, 1900, Cir. 248, P. M. G. O. (case Gen. Breckinridge).

136. “An officer does not lose his right to quarters or commutation at his permanent station by a temporary absence on duty. While he continues to claim and exercise that right he can not legally demand quarters or commutation thereof at any other station.

66

The mere fact that an officer's family or his household goods are permitted by proper authority to remain in quarters at a military station does not prevent the assignment of quarters to him where he is actually serving, or debar him from commutation if he is on duty without troops at a station where there are no public quarters. In these exceptional cases commutation of quarters will be allowed only on the approval of the general commanding the troops in the Philippine Islands in cases arising in his command; in all other cases, on the approval of the Secretary of War after recommendation by the department commander. Vouchers in such cases must show the approval of the proper authority and that the officer has been on duty without troops at a station where there are no public quarters.”—A. R., 1322, 1908.

137. When an officer who is not receiving commutation of quarters is detailed for temporary field work on the progressive map of the United States and assigned to a station at which there are no available public quarters he will be entitled, when on such duty, to commutation of quarters under the provisions of paragraph 1322, Army Regulations, as amended by General Orders, No. 106, War Department, June 15, 1906. See Cir. 55, W. D., 1907.

138. "Officers detailed on duty pertaining to courts-martial, courts of inquiry, or any board, convened to meet at a military post in the vicinity of any large city, will be considered as on duty in the city and be entitled to commutation of quarters under paragraph 1322, Army Regulations."-Cir. 81, par. 1, W. D., Sept. 30, 1908.

This includes officers ordered before courts and boards as well as the officers constituting same (Secretary of War, Nov. 21, 1908, P. M. G. O., 72136), and applies to officers remaining at the military posts and not occupying public quarters thereat, as well as the officers who remain in the vicinity of the post.-Secretary of War, December 4, 1908, P. M. G. O., 72128.

Claims for commutation of quarters which come within the scope of circular 81, War Department, 1908, do not require individual approval by the Secretary of War as the circular itself constitutes a general approval of such claims.

139. An officer who is sent to a Government hospital while receiving commutation of quarters does not forfeit his right thereto.-9 Comp., 781, June 18, 1903. Com. Adams, U. S. Navy.)

“The furnishing an officer with a stateroom on a transport or a room in a

(Case hospital

does not amount to furnishing him quarters in kind," and an officer who was sent to the hospital at San Francisco while drawing commutation in Manila "is in the situation as if assigned to temporary duty away from his station," and is not deprived of commutation during his absence.-Comp., June 25, 1906, P. M. G. 0., 53631.

Major Payson.)

the

ters of a brother officer on leave is not thereby deprived of his right to commut quarters at his regular station.-J. A. G., Apr. 23, 1897, P. M. G. O.,

3686.

same

(Case

quartation of

141. "When the command to which an officer belongs changes stations his temporary absence on duty he loses his right to quarters from the time

during

his com

mand leaves its old station and does not acquire a right at the new station until he has reported for duty thereat. He is entitled in the meantime to quarters or commutation therefor at the station where he is temporarily serving."—A. R., 1323, 1908.

142. An officer assigned to duty at a militia encampment does not become entitled to commutation of quarters for such station.-Sec. War, Aug. 29, 1906, P. M. G. O.,

57581.

NOTE.-But if an officer is detached for the duty from a station where he is drawing commutation the allowance continues without interruption.

143. An officer in possession of quarters, detailed to inspect militia, is not entitled to commutation, his status being the same as an officer ordered to travel and perform certain duty en route.-P. M. G., Aug. 10, 1904, 46376.

144. An officer detailed to inspect militia without being relieved from duty at his post is not entitled to commutation of quarters, even though he gave up his quarters in anticipation of a change of station on completion of his inspection duty.-P. M. G., June 11, 1903, 38359.

145. An officer "in arrest" and on the military duty of attending a court-martial trial (his own), and obeying the orders of the court, is entitled to commutation of quarters, the trial being held at a place where there are no public quarters.-2d Comp., July 19, 1892, P. M. G. O., 635a, 1892 (case Major Overman); also Court of Claims, Feb. 25, 1908 (43 Ct. Cls., 231).

NOT ENTITLED.

146. The following classes are not entitled to commutation of quarters: "Officers ordered to their homes to await orders" (94 Sup. Ct., 219; G. O., 44, 1877); "officers who await orders for their own convenience or at their own request at a place of their own choosing; officers who remain unassigned to any duty for an indefinite period who are not technically on leave of absence, but are permitted to choose their own residence" (G. O., 78, 1877; 14 Comp., 358); "officers on field service," except those temporarily absent from a commutation station (G. O., 77, 1878).

147. An officer serving with the Panama Canal Commission is not entitled to commutation of quarters.-12 Comp., 343, Dec. 5, 1905. (Case Major La Garde.)

148. An officer in the hands of the civil authorities is not on duty within the meaning of the laws and regulations governing the payment of commutation of quarters and is not, therefore, entitled to commutation, even though he be acquitted by the court or the conviction subsequently set aside by a superior court.—15 Comp., 214, Oct. 7, 1908. 149. An officer furnished with quarters, although less than the regulation allowance, is not entitled to commutation.~5 Comp., 548, Mar. 6, 1899. (Case Marine Corps.)

An officer who refuses to occupy quarters assigned to him, alleging their unsuitability, is not entitled to commutation of quarters.-12 Comp., 21, July 13, 1905. (Case Navy Department.)

150. An officer on duty where no quarters were available and who occupied a room at the barracks as a guest, with the understanding that it was to be vacated if required, is not entitled to commutation.-Ct. Cls., Jan. 5, 1903 (case Odell v. U. S.); 9 Comp., 736, June 9, 1903 (case Navy Department).

151. Where an officer is relieved from duty at his regular station before being ordered to a hospital, or where he is not entitled to commutation of quarters at his regular station, commutation can not accrue while he is in the hospital.-P. M. G. O., 62781.

152. An officer ordered from one station to another, to stop for instructions at an intermediate point, is not entitled to commutation of quarters during the period.— P. M. G., Nov. 21, 1903, 41181.

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153. "Disbursing officers or the head of any Executive Department may apply for and the Comptroller of the Treasury shall render his decision upon any account involving a payment to be made by them or under them, which decision, when rendered, shall govern the Auditor and the Comptroller in passing upon the account containing such disbursement."—Act July 31, 1894, 28 Stat., 208; G. O., 36, 1894.

"The Comptroller is not authorized to render decisions to disbursing officers upon questions of law pertaining to payments which have been made."-5 Comp., 727, Apr. 26, 1899.

154. In any case where the disbursing officer asks for a decision of the Comptroller upon his right to make a specific payment, such request may be transmitted directly through the office of the head of his department and need not be sent through the Secretary of War.-1 Comp., 349, Apr. 3, 1895. (Case Q. M. Dept.)

In requesting decisions of the Comptroller, paymasters will forward applications through the office of the Paymaster-General.-Cir. 194, P. M. G. O., July 25, 1899. In applying for decisions where statutes are mentioned the date of the act and number of volume and page should be given, viz, act March 3, 1893 (27 Stat., 612).— Comp., Feb. 6, 1905.

155. "A disbursing officer who pays a claim about which there may be any doubt, without availing himself of the Comptroller's ruling, which, whether right or wrong, protects the officer fully, can have no just ground for relief.”—4 Comp., 198, Oct. 30, 1897. (Case Treasury Department.)

156. The principles enunciated in decisions of the Comptroller are applicable to all cases arising under the statutes therein construed, whether occurring before or after the date of the decision.-12 Comp., 745, June 5, 1906.

But where payments, not expressly forbidden by law, were made in good faith in accordance with regulations and long-continued practice, the disbursing officer should be allowed credits for those made prior to date of decision.-Comp., Feb. 9, 1907, Navy Cir. 72, 1907.

157. Upon well settled principles an opinion or decision could not be authority for a point neither made nor discussed nor directly decided and only incidentally involved therein.—Reports U. S. Supreme Court, Vol. 208, p. 37.

COMPUTER, ARTILLERY BOARD.

158. The computer of the Artillery Board is entitled to a salary of $2,500 per annum.-Annual appropriation act.

CONTRACT SURGEONS.

159. In emergencies the Surgeon-General, with the approval of the Secretary of War may appoint as many contract surgeons as may be necessary, at a compensation not to exceed $150 per month.-Act Feb. 2, 1901, 31 Stat., 752; G. O., 9, 1901.

160. "Contract surgeons must present their contracts to paymasters when applying for payment of salaries, and paymasters will indorse thereon date and period for which paid."-A. R., 1285, 1908.

161. A contract surgeon is neither an officer nor enlisted man, and is not entitled to ten per cent for foreign service.—7 Comp., 195, Oct. 22, 1900; also Comp., Aug. 19,

1909.

162. Contract surgeons are not entitled to commutation of quarters.-A. R., 1409, 1908.

163. When contracts so provide, contract surgeons will be entitled to full pay while on sick or ordinary leave, under the same rules as apply to commissioned officers.-Comp., Oct. 12, 1898, Cir. 204, P. M. G. O.; see also Act Mar. 2, 1901, 31 Stat., 1023; G. O., 29, 1901.

164. "Contract surgeons, on availing themselves of leaves of absence, must submit their contracts to the commanding officer of the post or station where serving, who will indorse thereon the date of commencement and duration of leave. The actual date of their rejoining from leave should also be noted on contract on return to post or station."-A. R., 1412, 1908.

165. A contract surgeon is not entitled, under current contract, to leave credits that accrued, but were not taken advantage of under a prior contract.-10 Comp., 1, July 1, 1903.

166. "Whenever the contract of a physician or dentist is annulled, the fact and date of annulment will be noted in writing on his contract, and when ordered to his home for annulment of contract, such fact will also be noted thereon by the officer under whose orders he may at the time be serving."—A. R., 1411, 1908.

NOTE. The final pay accounts of a contract surgeon must be forwarded to the Paymaster-General for settlement, in accordance with the provisions of Army Regulation 1281, 1908.

167. When the contract of a surgeon is annulled to enable him to enter into a new contract the next day his pay accounts should contain a notation of that fact and will not then be considered as a final account requiring certificate of nonindebtedness.-P. M. G., concurred in by the Auditor Dec. 11, 1903.

NOTE.-The surgeon's commanding officer should indorse on the old contract the fact that it was annulled for above purpose, and the paymaster should indorse final payment thereon.

168. "A contract surgeon may witness payments to enlisted men under the provisions of paragraphs 1335 to 1357."—A. R., 1413, 1908.

169. In the absence of a commissioned medical officer, a contract surgeon who commands a detachment of the Hospital Corps may prepare and sign the final statements pertaining to the men of his detachment.—Cir. 2, A. G. O., 1902.

MILEAGE.

170. Mileage is payable to contract surgeons under the same laws and regulations as to officers of the Army.-Act June 12, 1906, 34 Stat., 246; G. O., 115, 1906.

171. A contract surgeon ordered to report as a witness before a court-martial is entitled to mileage and not to reimbursement of expenses as provided in army regulation 999 of 1908.—9 Comp., 461, Mar. 4, 1903. (Case Dr. Mc Millen.)

172. Contract surgeons are entitled to mileage from place of entering into contract to place of assignment to duty; also from place of annulment to place of making contract. Request for annulment does not affect this right, but annulment for misconduct or neglect of duty would.-6 Comp., 351, Oct. 13, 1899.

173. A contract surgeon ordered home for annulment of contract is entitled to mileage from the place of receipt of the order, regardless of whether such place is a place of leave, to the place that he certifies as being his home, provided he performs travel to that place within a reasonable time. The fact that his contract was entered into at a place other than that claimed as his home does not affect his right to mileage to his home.Auditor, Oct. 28, 1904.

174. A contract surgeon who requests annulment of contract and travels without orders before annulment is made can not be reimbursed for traveling expenses incurred prior to annulment, even though he has an order approving the travel.-6 Comp., 12, July 7, 1899. (Case Dr. Young.)

175. A contract surgeon who accepted a commission prior to the expiration of his contract voluntarily terminated it and is not entitled to the travel allowances provided for therein.-9 Comp., 522, Apr. 3, 1903. (Case Dr. Robins.)

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